Contested Guardianship Proceedings

Subscribe to Contested Guardianship Proceedings via RSS

Interview with a Probate Lawyer: Shannon M. Miller

By Juan C. Antúnez on July 11, 2016

One of the pleasures of publishing this blog over the years has…
Continue Reading Interview with a Probate Lawyer: Shannon M. Miller

2015 legislative news: Florida overhauls its elder guardianship system

By Juan C. Antúnez on September 21, 2015

Most of the 2015 legislative changes to our Probate and Trust Codes …
Continue Reading 2015 legislative news: Florida overhauls its elder guardianship system

When does a court lack “procedural jurisdiction” to appoint a guardian?

By Juan C. Antúnez on September 14, 2015

Adelman v. Elfenbein, — So.3d —-, 2015 WL 5026178 (Fla. 4…
Continue Reading When does a court lack “procedural jurisdiction” to appoint a guardian?

Can a ward sue the attorney for his former court-appointed guardian for malpractice?

By Juan C. Antúnez on June 29, 2015

The general trend in Florida (especially in the trusts and estates …

Continue Reading Can a ward sue the attorney for his former court-appointed guardian for malpractice?

Must read for Florida guardianship lawyers: Sarasota Herald-Tribune’s special investigative series: “Elder guardianship: A well-oiled machine”

By Juan C. Antúnez on March 17, 2015

A special multi-part investigative series published by the Sarasota Herald-Tribune entitled Elder …
Continue Reading Must read for Florida guardianship lawyers: Sarasota Herald-Tribune’s special investigative series: “Elder guardianship: A well-oiled machine”

Does judge’s independent investigation of facts in guardianship proceeding = disqualification?

By Juan C. Antúnez on February 10, 2014

In re Guardianship of O.A.M., — So.3d —-, 2013 WL 5927613…
Continue Reading Does judge’s independent investigation of facts in guardianship proceeding = disqualification?

1st DCA: What’s the test for “competency” when it comes to executing a preneed guardianship designation; and when’s a probate judge authorized to disregard an otherwise valid designation?

By Juan C. Antúnez on February 3, 2014

Koshenina v. Buvens, — So.3d —-, 2014 WL 304889 (1st DCA…
Continue Reading 1st DCA: What’s the test for “competency” when it comes to executing a preneed guardianship designation; and when’s a probate judge authorized to disregard an otherwise valid designation?

Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?

By Juan C. Antúnez on February 18, 2013

Albelo v. Southern Oak Ins. Co., — So.3d —-, 2013 WL…
Continue Reading Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?

4th DCA: Jasser v. Saadeh and the “prisoner’s dilemma” as metaphor for settlement “agreements” in guardianship litigation

By Juan C. Antúnez on December 31, 2012

Jasser v. Saadeh, 97 So.3d 241 (Fla. 4th DCA July 18,…
Continue Reading 4th DCA: Jasser v. Saadeh and the “prisoner’s dilemma” as metaphor for settlement “agreements” in guardianship litigation

1st DCA: Who pays the examining committee’s fees when a petition to determine incapacity, filed in good faith, is ultimately dismissed?

By Anthony Marek on June 18, 2012

Faulkner v. Faulkner, — So.3d —-, 2011 WL 2937302 (Fla. 1st…
Continue Reading 1st DCA: Who pays the examining committee’s fees when a petition to determine incapacity, filed in good faith, is ultimately dismissed?